Eruvin

And if you prefer I might reply that all agree that the discharge of the duty of a commandment requires no intention, but here it is the question of transgressing against the injunction of Thou shall not add,1 that is at issue between them; the first Tanna holding that in order to commit a transgression against the injunction of Thou shall not add1 no intention2 is necessary while R. Gamaliel holds that in order to commit a transgression against the injunction of ‘Thou shalt not add’, intention is necessary.3 And if you prefer I might reply: If the view had been adopted that Sabbath is a time for tefillin all would have agreed that intention is unnecessary either in respect of transgression4 or in respect of discharging the duty,5 but the point at issue between then here is with reference to the transgression4 when a commandment is performed not at its proper time. The first Tanna holds that no intention is required6 while R. Gamaliel holds that to commit a transgression4 when a commandment is performed not at its proper time intention7 is necessary.3 But if so, should not even one pair be forbidden8 according to R. Meir?9 Furthermore, should not a man10 who sleeps on the eighth day11 be flogged?12 It is perfectly clear, therefore,13 that the proper explanation is the one originally given.14 Who is it15 that was heard to hold that Sabbath is a time for the wearing of tefillin? — R. Akiba. For it was taught:16 Thou shalt, therefore, keep this ordinance in its season form year to year,17 the term ‘days’18 excludes19 nights,20 ‘from the days’21 implies: But not all days; thus excluding Sabbaths and festivals;22 so R. Jose the Galilean. R. Akiba said: The expression ‘This ordinance’ was meant to apply to the Passover [sacrifice] only.23 With reference, however, to24 what we have learnt: ‘The Paschal [sacrifice] and circumcision are positive commandments’,25 must it be assumed that this26 is not in agreement with the view of R. Akiba, for it were to be contended that it was in agreement with R. Akiba the objection would arise: Since he applied it27 to the Passover [sacrifice] a negative precept also should be involved as R. Akiba laid down in the name of R. Ila'i for R. Abin citing R. Ila'i laid down: Wherever the expressions ‘Take heed’,28 ‘Lest’ or ‘Do not’ is used a negative precept is invariably intended?29 — It30 may be said to be in agreement even with the view of R. Akiba, for the expression ‘Take heed’ has the force of a negative precept only where it introduces a prohibitions but where it introduces a positive commandment31 it has the force of a positive commandment.32 But how could R. Akiba hold that the Sabbath is a time for wearing tefillin seeing that it was taught: R. Akiba stated: As it might have been presented that a man shall wear33 tefillin on Sabbaths and festivals, it was explicitly said in Scripture: And it shall be for a sign unto thee upon thine hand,34 which denotes: on those days only35 that require a sign;36 but these,37 since they themselves are a sign,38 are excluded?39 — It40 represents rather the view of the following Tanna. For it was taught: If a man keeps awake at night,41 he may remove his tefillin if he wishes or, if he prefers, he may put them on;42 so R. Nathan. Jonathan the Kitonite ruled: Tefillin may not be worn at night. Now, since according to the view of the first Tanna the night is a proper time for the wearing of tefillin,43 Sabbath also must be a proper time for the wearing of tefillin. But is it not possible that he holds that the night is a proper time for tefillin44 but that the Sabbath nevertheless is not a time for it, since we have in fact heard R. Akiba to state that the night is a time for the tefillin and that the Sabbath is not?45 — It40 represents rather the opinion of the following Tanna. For it was taught: Michal the daughter of the Kushite46 wore tefillin and the Sages did not attempt to prevent her, and the wife of Jonah47 attended48 the festival pilgrimage and the Sages did not prevent her. Now since the Sages did not prevent her it is clearly evident that they hold the view that it49 is a positive precept the performance of which is not limited to a particular time.50 But is it not possible that he51 holds the same view the performance of the precept on the Sabbath to that of the weekdays. against the prohibition of adding to the commandments even where the act of performance was not intended to be a fulfillment of the commandment. eighth day but also, in accordance with a Rabbinical enactment, obligatory, how could the last reply be maintained? explanation of the use of the Sukkah, and the manner of using it on the eighth day of Tabernacles v. Rashi a.l.). enclosed in the tefillin. of tefillin R. Akiba, unlike R. Jose the Galilean, excludes neither nights nor Sabbaths and festivals. therefore, involve any of the penalties associated with a negative precept. Passover. therefore, involve any of the penalties associated with a negative precept. Israel observes the holy days is in itself sufficient proof of their adherence to the divine commandments. assumed the Sabbath to be a time for the wearing of tefillin) be attributed to R. Akiba? also is a time for the wearing of tefillin. The Rabbinical enactment against wearing them at night is merely a precaution against possible disrespect to them during sleep. festivals) to the commandment of tefillin but to that of the Passover. particular times women would have been exempt from the duty of keeping it and Michal who would be guilty of adding to the commandments would have been required by the Sages to abandon her practice.